California Case Commentaries

Gross Vehicular Manslaughter While Intoxicated Not a Lesser Included Offense of Murder: A Comprehensive Analysis of People v. Sanchez

Date: Feb 6, 2001

Gross Vehicular Manslaughter While Intoxicated Not a Lesser Included Offense of Murder: A Comprehensive Analysis of People v. Sanchez Introduction In the landmark case of People v. Sanchez, decided...

California Supreme Court Limits Insurer's Indemnification Duty to Court-Ordered Damages in Environmental Proceedings

Date: Feb 2, 2001

California Supreme Court Limits Insurer's Indemnification Duty to Court-Ordered Damages in Environmental Proceedings Introduction The case of Certain Underwriters at Lloyd's, London, et al. v....

Strict Enforcement of Choice-of-Law Clauses in Nationwide Class Action Certification

Date: Jan 26, 2001

Strict Enforcement of Choice-of-Law Clauses in Nationwide Class Action Certification Introduction In the landmark case of Washington Mutual Bank, FA, v. The Superior Court of Orange County, the...

Independent Appellate Review for Due Diligence in Confrontation Clause Cases

Date: Jan 23, 2001

Independent Appellate Review for Due Diligence in Confrontation Clause Cases Introduction The case of The People v. Freddie Lee Cromer (24 Cal.4th 889) addresses a pivotal issue regarding the...

Insurance Coverage and Intangible Property Rights: Kazi v. State Farm Fire and Casualty Co.

Date: Jan 19, 2001

Insurance Coverage and Intangible Property Rights: Kazi v. State Farm Fire and Casualty Co. Introduction Kazi v. State Farm Fire and Casualty Co. is a pivotal decision by the Supreme Court of...

Supreme Court of California Abolishes Rule of Consistency in Conspiracy Cases

Date: Jan 19, 2001

Supreme Court of California Abolishes Rule of Consistency in Conspiracy Cases Introduction The case of The People v. Floyd Maurice Palmer et al. (24 Cal.4th 856) represents a significant shift in...

Robbery Requires Possession: California Supreme Court Reaffirms Traditional Interpretation

Date: Jan 18, 2001

Robbery Requires Possession: California Supreme Court Reaffirms Traditional Interpretation Introduction In the landmark case of The PEOPLE, Plaintiff and Respondent, v. Thuan Van NGUYEN et al.,...

Correction of Parole Revocation Fines in Sentencing: People v. Donte Osbon Smith et al.

Date: Jan 12, 2001

Correction of Parole Revocation Fines in Sentencing: People v. Donte Osbon Smith et al. Introduction The case People v. Donte Osbon Smith et al. (24 Cal.4th 849) adjudicated by the Supreme Court of...

Deferred Entry of Judgment Restricts Immediate Appeal after No Contest Plea: PEOPLE v. MAZURETTE

Date: Jan 5, 2001

Deferred Entry of Judgment Restricts Immediate Appeal after No Contest Plea: PEOPLE v. MAZURETTE Introduction In PEOPLE v. MAZURETTE (24 Cal.4th 789, 2001), the Supreme Court of California addressed...

Workers' Compensation Exclusivity and Its Limits: Insights from Vacanti v. State Compensation Insurance Fund

Date: Jan 5, 2001

Workers' Compensation Exclusivity and Its Limits: Insights from Vacanti v. State Compensation Insurance Fund Introduction Vacanti v. State Compensation Insurance Fund et al. (24 Cal.4th 800, 2001) is...

Supreme Court Limits Postdischarge Amendments of Prior Convictions Under Penal Code §1025(b)

Date: Dec 29, 2000

Supreme Court Limits Postdischarge Amendments of Prior Convictions Under Penal Code §1025(b) Introduction In People v. Robert Tindall (24 Cal.4th 767, 2000), the Supreme Court of California addressed...

Deputy Public Defenders and Legal Malpractice: Scope of Government Code §820.2 Immunity Affirmed

Date: Dec 19, 2000

Deputy Public Defenders and Legal Malpractice: Scope of Government Code §820.2 Immunity Affirmed Introduction Glenn Russell Barner v. Julie Leeds (24 Cal.4th 676) is a landmark decision by the...

Reaffirming Confrontation Clause Protections in Hearsay Exceptions for Accomplice Testimony

Date: Dec 5, 2000

Reaffirming Confrontation Clause Protections in Hearsay Exceptions for Accomplice Testimony Introduction The People v. Danny Duarte, 24 Cal.4th 603 (2000), marks a significant development in the...

Economic Loss Rule Reinforced in Construction Defect Negligence Claims: Alan O. Aas et al. v. The Superior Court of San Diego County Analysis

Date: Dec 5, 2000

Economic Loss Rule Reinforced in Construction Defect Negligence Claims: Alan O. Aas et al. v. The Superior Court of San Diego County Analysis Introduction The case of Alan O. Aas et al. v. The...

Enhanced Free Speech Protections Under California’s Constitution: Gerawan Farming, Inc. v. Lyons

Date: Nov 28, 2000

Enhanced Free Speech Protections Under California’s Constitution: Gerawan Farming, Inc. v. Lyons Introduction Gerawan Farming, Inc. v. William J. Lyons Jr. is a landmark decision by the Supreme Court...

Staten v. The People: Affirmation of Death Penalty Under Special Circumstances

Date: Nov 10, 2000

Staten v. The People: Affirmation of Death Penalty Under Special Circumstances Introduction The People v. Deondre Arthur Staten, 24 Cal.4th 434 (2000), is a landmark case adjudicated by the Supreme...

Supreme Court of California Upholds Strict State Standards for Milk Products over Federal Alternatives

Date: Nov 7, 2000

Supreme Court of California Upholds Strict State Standards for Milk Products over Federal Alternatives Introduction In the landmark case of THE PEOPLE ex rel. BILL LOCKYER, as Attorney General, etc.,...

Amador: Minor Discrepancies in Search Warrants Do Not Necessarily Warrant Evidence Suppression

Date: Oct 17, 2000

Amador: Minor Discrepancies in Search Warrants Do Not Necessarily Warrant Evidence Suppression Introduction The People v. Luis Amador, 24 Cal.4th 387 (2000), is a landmark decision by the Supreme...

Implied Employment Contract Limits on At-Will Termination: Guz v. Bechtel National Inc.

Date: Oct 6, 2000

Implied Employment Contract Limits on At-Will Termination: Guz v. Bechtel National Inc. Introduction Guz v. Bechtel National Inc. is a landmark decision by the Supreme Court of California that...

Clarifying 'Same Occasion' and 'Same Set of Operative Facts' in California's Three Strikes Law: PEOPLE v. LAWRENCE

Date: Aug 29, 2000

Clarifying 'Same Occasion' and 'Same Set of Operative Facts' in California's Three Strikes Law: PEOPLE v. LAWRENCE Introduction People v. Jimmy Dale Lawrence (24 Cal.4th 219, 2000) is a pivotal case...